Brussels, 24/06/2010 (Agence Europe) - The European Commission has sent a reasoned opinion to the United Kingdom for failing to comply with EU social security rules. The Commission has called on the UK to pay care benefits to Britons - often pensioners - residing abroad in accordance with its obligations under EU law. Under EU rules, Disability Living Allowance, Attendance Allowance and Carer's Allowance are considered “sickness cash benefits”, which UK citizens resident in another EU country are also entitled to receive.
In some cases, the Commission says, the UK, contrary to the principle of free movement, applies conditions on residence for the three benefits. Among other requirements, the benefits can be conditional on the claimant having spent 26 of the previous 52 weeks in the UK (past presence test). This effectively contravenes the provisions of the EU system for coordinating social security benefits and infringes the rights of citizens living in another EU country, the Commission says.
The UK authorities now have two months to respond to the reasoned opinion. If a satisfactory response is not received, the Commission may refer the matter to the EU Court of Justice. (G.B./transl.rt)